High Court Of ChhattisgarhWP227/42/2016dismissed

Tanang Ram v. Atwaru

2018-02-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 42 of 2016 • Tanang Ram S/o Bandhan Ram Aged About 46 Years Caste - Binjhiya R/o Village - Kandrai P.S. Jainagar Tehsil And District - Surajpur Chhattisgarh. ---- Petitioner

Versus

1. Atwaru S/o Late Andha Aged About 56 Years Cast - Chamar

2. Phulbasiya W/o Late Andha Aged About 70 Years Cast - Chamar Both are R/o Village - Kandrai P.S. Jainagar Tehsil And District - Surajpur Chhattisgarh ---- Respondents For Petitioner :

Shri AN Pandey, Advocate For Respondents :

Shri DN Prajapati, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/02/2018

1. Challenge in this petition is the order dated 21.12.2015 in Miscellaneous Civil Appeal No.12/2015 by the District Judge, Surajpur, whereby the order passed by the Civil Judge, Class-I allowing the application filed under Order 39 Rule 1 & 2 CPC, has been affirmed.

2. Perusal of the order would show that the plaintiff/respondent herein had filed a suit for permanent injunction and declaration in respect of the suit land that they are in possession of the suit land and that they may be declared to be the absolute owner in such suit, an application under Order 39 Rule 1 & 2 CPC was preferred, which was allowed. The order would show that the trial Court and the appellate Court have recorded that the plaintiffs are in

possession of the suit land. Prima facie the plaintiffs were found in possession of the suit land and the source of ownership is also been held in favour of the respondent/plaintiff. Consequently, taking into consideration the balance of convenience the injunction was granted in favour of the respondent/plaintiff.

3. After going through the order and the document, I do not find that the finding of fact arrived at by both the Courts below is perverse, which requires interference in exercise of powers under Article 227 of the Constitution of India. In view of this petition being devoid of merits is dismissed. However, the trial Court is requested to expedite the trial on merits. Sd/- Goutam Bhaduri Judge Ashu